Territory of New Mexico v. Tais
New Mexico Supreme Court
Appeal from the District Court for Socorro County, before Frank W. Parker, Associate Justice. When the clear preponderance of evidence is found to be against the verdict of the jury, this court has the power to set it aside. Rafferty v. The People, 72 111. 37' (42); Waters v. People] 50 N. E. Rep. 148. It was error to instruct that the burden of proof is shifted to the defendant by the defense of alibi and that defendant must prove such alibi beyond a reasonable doubt.
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Appeal from the District Court for Socorro County, before Frank W. Parker, Associate Justice. When the clear preponderance of evidence is found to be against the verdict of the jury, this court has the power to set it aside. Rafferty v. The People, 72 111. 37' (42); Waters v. People] 50 N. E. Rep. 148. It was error to instruct that the burden of proof is shifted to the defendant by the defense of alibi and that defendant must prove such alibi beyond a reasonable doubt. State v. McClellan et al, 59 Pac. Rep. 924; Trujillo v. Territory, 7 N. M. 44, overruled by Territory v. Lucero et al, 8 N.…
1Opinion of the Court
OPINION OP THE ’COURT.
ABBOTT, J.
The instruction given to the jury at the trial of this cause in relation to the evidence for the defendant that he was not present when the murder with which he was charged was committed, whatever support it may have in the decisions of this or other courts, is eon-sidered by some of the best law writers illogical and unsound, and has been so held in many well considered eases in courts of highest repute in the United States. The latter view seems to us so decidedly the better one that we are unwilling to asssent to the further sanction of the former by this…
2Cases cited1 opinion
- State v. AdairSupreme Court of Missouri · 1901
3Cited by6 opinions
- State v. CleveNew Mexico Supreme Court · 1999
- State v. PereaNew Mexico Court of Appeals · 2000
- State v. SmithNew Mexico Supreme Court · 1915
- State v. ComptonNew Mexico Supreme Court · 1935
- State v. StumpSupreme Court of Iowa · 1963
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